Shomair, Garry Yehudah (CPSO#: 27726)

Current Status: Active Member as of 19 Aug 1975

CPSO Registration Class: Restricted as of 04 Oct 2010

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University of Toronto, 1974

Practice Information

Primary Location of Practice
1-121 Old Forest Hill Rd
Toronto ON  M5N 2N6
Phone: (416) 488-5189
Fax: (416) 486-8468
Electoral District: 10
View Professional Corporation Information

Professional Corporation Information

Corporation Name: Dr. G. Y. Shomair Medicine Professional Corporation

Certificate of Authorization Status: Issued Date:  Jul 27 2006

Shareholders:
Dr. G. Shomair ( CPSO# 27726 )

Business Address:
Suite 705
55 Eglinton Avenue East
Toronto ON  M4P 1G8
Phone Number: (416) 488-5189

Hospital Privileges

Hospital Location
Hospital For Sick Children Toronto

Specialties

Specialty Issued On Type
Psychiatry Effective: 21 Nov 1978 RCPSC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1974
Transfer of class of registration to: Independent Practice Certificate Effective: 19 Aug 1975
Transfer of class of certificate to: Restricted certificate Effective: 04 Oct 2010
Terms and conditions amended Effective: 18 Dec 2012
Terms and conditions amended by member Effective: 27 Apr 2017

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
member Effective: 27 Apr 2017 Active View Details [+]
            As from April 27, 2017, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr. Garry Yehudah
            Shomair, in accordance with an undertaking and consent given by Dr. Shomair to
            the College of Physicians and Surgeons of Ontario:

                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
                                          ("Undertaking")
                  
                                                of
                  
                                    DR. GARRY YEHUDAH SHOMAIR 
                                          ("Dr. Shomair")
                  
                                                to 
                  
                        COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
                                          (the "College")
                  
                  
                  
                  
            A.    PREAMBLE

            (1)   In this Undertaking:

                  "Code" means the Health Professions Procedural Code, which is Schedule 2
                  to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
                  amended; 
                  
                  "ICR Committee" means the Inquiries, Complaints and Reports Committee of
                  the College;
                  
                  "NMS" means the Drug Program Services Branch, the Narcotics Monitoring
                  System implemented under the Narcotics Safety and Awareness Act, 2010;

                  "OHIP" means the Ontario Health Insurance Plan.
                  
            (2)   I, Dr. Shomair, certificate of registration number 27726, am a member of
                  the College.  The College has received information regarding my standard
                  of practice.

            B.    UNDERTAKING

            (3)   I, Dr. Shomair, acknowledge and agree that I am bound by this Undertaking
                  from the date on which I sign it. 

            (4)   Reassessment of Practice

                  (a)   I, Dr. Shomair, undertake that, approximately six (6) months from
                        the date of this Undertaking, I will submit to a Reassessment of my
                        practice ("the Reassessment") by an assessor or assessors selected
                        by the College (the "Assessor(s)").  I acknowledge and agree that
                        the Reassessment may include a chart review, direct observation of
                        my care, interviews with colleagues and co-workers, feedback from
                        patients and any other tools deemed necessary by the College.
                  
                  (b)   I, Dr. Shomair, undertake to co-operate fully with the
                        Reassessment, conducted under the term of this Undertaking, and to
                        abide by those recommendations of the Assessor(s) that are approved
                        by the ICR Committee.
                  
                  (c)   I, Dr. Shomair, acknowledge and agree that the results of the
                        Reassessment will be provided to me and reported to the College and
                        the report may form the basis of further action by the College. 
                  
                  (d)   I, Dr. Shomair, understand and agree that if I am of the view that
                        any of the Assessor(s)'s recommendations are unreasonable, I will
                        have thirty (30) days following my receipt of the recommendations
                        within which to provide the College with my submissions in this
                        regard.  I further understand and agree that thereafter, the ICR
                        Committee will consider my submissions and make a determination
                        regarding whether or not the recommendations, or any of them, are
                        reasonable and if so, whether they, or any of them, constitute
                        limitations or restrictions on my practice, and that decision will
                        be provided to me.
                  
                  (e)   I, Dr. Shomair, undertake that, following the decision referenced
                        in section (5)(d) above, I will abide by those recommendations of
                        the Assessor(s) that the ICR Committee has determined are
                        reasonable. 
                  
                  (f)   I, Dr. Shomair, hereby consent to any of the following being
                        included on the public register as terms, conditions or limitations
                        on my certificate of registration, for the purposes of section 23
                        of the Code: 
                  
                        (i)   any recommendations of the Assessor(s) which the ICR
                              Committee has identified in its decision referenced in
                              section (4) (d) as terms, conditions or limitations on my
                              practice.
                  
            (5)   Monitoring 

                  (a)   I, Dr. Shomair, undertake to inform the College of each and every
                        location that I practise or have privileges, including, but not
                        limited to, hospital(s), clinic(s) and office(s), in any
                        jurisdiction (collectively my "Practice Location(s)"), within
                        fifteen (15) days of executing this Undertaking.  Going forward, I
                        further undertake to inform the College of any and all new Practice
                        Locations within fifteen (15) days of commencing practice at that
                        location.
                  
                  (b)   I, Dr. Shomair, undertake and agree that I will submit to, and not
                        interfere with, unannounced inspections of my Practice Location(s)
                        and patient records by a College representative for the purposes of
                        monitoring my compliance with the provisions of this Undertaking.
                  
                  (c)   I, Dr. Shomair, give my irrevocable consent to the College to make
                        appropriate enquiries of OHIP and/or any person who or institution
                        that may have relevant information, in order for the College to
                        monitor my compliance with the provisions of this Undertaking. 
                  
            (6)   I, Dr. Shomair, undertake to comply with this Undertaking and acknowledge
                  that a breach by me of any provision of this Undertaking may constitute
                  an act of professional misconduct and/or incompetence, and may result in
                  a referral of specified allegations to the Discipline Committee of the
                  College.

            C.    ACKNOWLEDGEMENT

            (7)   I, Dr. Shomair, acknowledge that all appendices attached to or referred
                  to in this Undertaking form part of this Undertaking.

            (8)   I, Dr. Shomair, acknowledge that I shall be solely responsible for
                  payment of all fees, costs, charges, expenses, etc. arising from the
                  implementation of any of the provisions of this Undertaking. 

            (9)   I, Dr. Shomair, acknowledge and confirm that I have read and understand
                  the provisions of this Undertaking and that I have obtained independent
                  legal counsel in reviewing and executing this Undertaking, or have waived
                  my right to do so.

            (10)  I, Dr. Shomair, acknowledge that this entire Undertaking constitutes
                  terms, conditions, and limitations on my certificate of registration for
                  the purposes of section 23 of the Code. I understand that this
                  Undertaking shall be information on the College's Register that is
                  available to the public during the time period that the Undertaking
                  remains in effect.

            (11)  I, Dr. Shomair, acknowledge that the following summary will appear on the
                  College's Register that is available to the public during the time period
                  that this Undertaking remains in effect:

                        The College received information about Dr. Shomair's standard of
                        practice. As a result, Dr. Shomair's practice will be reassessed by
                        an assessor selected by the College and will abide by the
                        recommendations of the assessor that the Inquiries, Complaints and
                        Reports Committee has determined are reasonable.
                  
            D.    CONSENT

            (12)  I, Dr. Shomair, give my irrevocable consent to the College to provide the
                  following information to all Assessors:

                  (a)   any information the College has that led to the circumstances of my
                        entering into this Undertaking;
                  
                  (b)   any information arising from any investigation into, or assessment
                        of, my practice; and 
                  
                  (c)   any information arising from the monitoring of my compliance with
                        this Undertaking.
                  
            (13)  I, Dr. Shomair, give my irrevocable consent to the College to provide
                  this Undertaking to any Chief of Staff, or a colleague with similar
                  responsibilities, at any Practice Location ("Chief(s) of Staff"), and to
                  provide said Chief(s) of Staff with any information the College has that
                  led to the circumstances of my entering into this Undertaking and/or any
                  information arising from the monitoring of my compliance with this
                  Undertaking.

            (14)  I, Dr. Shomair, give my irrevocable consent to any Chiefs of Staff and
                  Assessors, to disclose to the College, and to one another, any
                  information:

                  (a)   relevant to this Undertaking;
                  
                  (b)   relevant to the Reassessment; and/or
                  
                  (c)   relevant for the purposes of monitoring my compliance with this
                        Undertaking.
                  
                  
            As from 11:59 p.m., December 18, 2012, by order of the Discipline Committee of
            the College of Physicians and Surgeons of Ontario, the following terms,
            conditions and limitations are imposed on the certificate of registration held
            by Dr. Garry Yehudah Shomair:

            a)    Dr. Shomair shall, within thirty (30) days from the date of this Order,
                  retain a College-approved clinical supervisor, who will sign an
                  undertaking in the form attached hereto as Schedule "A" (the "Clinical
                  Supervisor").  For a period of twelve (12) months commencing on the day
                  the Clinical Supervisor is retained, Dr. Shomair may practice only under
                  the supervision of the Clinical Supervisor, who will meet with Dr.
                  Shomair on a bi-weekly basis for the duration of the supervision;  

            b)    Dr. Shomair shall abide by all recommendations of his Clinical Supervisor
                  with respect to his standard of practice in respect of, but not limited
                  to, the treatment of patients with bipolar disorder, medication dosages,
                  pharmacotherapy and record-keeping and documentation;

            c)    Dr. Shomair shall consent to the disclosure by his Clinical Supervisor to
                  the College, and by the College to his Clinical Supervisor, of all
                  information the parties deem necessary or desirable in order to fulfill
                  the Clinical Supervisor's undertaking and to monitor Dr. Shomair's
                  compliance with the Order.  This shall include, without limitation,
                  providing the Clinical Supervisor with the reports of any assessments of
                  Dr. Shomair's practice in the College's possession;

            d)    Approximately six (6) months after the completion of the period of
                  supervision required by paragraph 3(a), Dr. Shomair shall undergo a
                  re-assessment of his clinical practice by a College-appointed assessor
                  (the "Assessor(s)").  This re-assessment will include determining whether
                  Dr. Shomair meets the standard of practice of the profession and whether
                  Dr. Shomair is in compliance with this Order.  The Assessor(s) shall make
                  recommendations regarding Dr. Shomair's practice and shall report the
                  results of the re-assessment to the College.  The College shall
                  determine, in its sole discretion, what recommendations, if any, Dr.
                  Shomair must abide by and whether any of the recommendations will
                  constitute terms, conditions or limitations on his certificate or
                  registration;

            e)    Dr. Shomair shall consent to the disclosure to the Assessor(s) of the
                  reports of the Clinical Supervisor arising from the supervision, and
                  shall consent to the sharing of all information between the Clinical
                  Supervisor, the Assessor(s) and the College, as any of the parties deem
                  necessary or desirable in order to fulfill their respective obligations;

            f)    Dr. Shomair shall, at his own expense, participate in and successfully
                  complete an educational program in medical record-keeping approved by the
                  College, no later than one (1) year from the date of this Order.

            g)    Dr. Shomair shall, at his own expense, participate in and successfully
                  complete at minimum two courses in pharmacology, approved by the College,
                  no later than one (1) year from the date of this Order.  The content of
                  these courses shall include the topic of child and adolescent
                  psychopharmacology.
            h)    Dr. Shomair shall be responsible for any and all costs associated with
                  implementing the terms of this Order.

Previous Discipline Hearings

Committee: Discipline
Decision Date: 18 Dec 2012
Summary:

On December 18, 2012, the Discipline Committee found that Dr. Garry Yehudah Shomair failed 
to maintain the standard of practice of the profession in regard to his recordkeeping in 18 of 26 
charts and in regard to his psychiatric care and treatment of multiple patients, including in his 
diagnostic, psychopharmacological and monitoring practices. Dr. Shomair admitted the 
allegation. 
 
Dr. Shomair began clinical supervision in November 2010 pursuant to an  interim order under 
s.37 of the Health Professions Procedural Code. Since November 2011, Dr. Shomair's clinical 
supervisor indicates that Dr. Shomair's care meets the standard of practice. 
 
The Discipline Committee ordered and directed that: 
      the Registrar impose the following terms, conditions and limitations on Dr. Shomair's 
      certificate of registration for the specified periods of time set out herein: 
      a)    Dr. Shomair shall, within thirty (30) days from the date of this Order, retain a 
            College-approved clinical supervisor, who will sign an undertaking in the form 
            attached hereto as Schedule "A" (the "Clinical Supervisor").  For a period of 
            twelve (12) months commencing on the day the Clinical Supervisor is retained, 
            Dr. Shomair may practice only under the supervision of the Clinical Supervisor, 
            who will meet with Dr. Shomair on a bi-weekly basis for the duration of the 
            supervision;    
      b)    Dr. Shomair shall abide by all recommendations of his Clinical Supervisor with 
            respect to his standard of practice in respect of, but not limited to, the treatment of 
            patients with bipolar disorder, medication dosages, pharmacotherapy and 
            record-keeping and documentation; 
      c)    Dr. Shomair shall consent to the disclosure by his Clinical Supervisor to the 
            College, and by the College to his Clinical Supervisor, of all information the 
            parties deem necessary or desirable in order to fulfill the Clinical Supervisor's 
            undertaking and to monitor Dr. Shomair's compliance with the Order.  This shall 
            include, without limitation, providing the Clinical Supervisor with the reports of 
            any assessments of Dr. Shomair's practice in the College's possession; 
      d)    Approximately six (6) months after the completion of the period of supervision 
            required by paragraph 3(a), Dr. Shomair shall undergo a re-assessment of his 
            clinical practice by a College-appointed assessor (the "Assessor(s)").  This 
            re-assessment will include determining whether Dr. Shomair meets the standard 
            of practice of the profession and whether Dr. Shomair is in compliance with this 
            Order.  The Assessor(s) shall make recommendations regarding Dr. Shomair's 
            practice and shall report the results of the re-assessment to the College.  The 
            College shall determine, in its sole discretion, what recommendations, if any, Dr. 
            Shomair must abide by and whether any of the recommendations will constitute 
            terms, conditions or limitations on his certificate or registration; 
      e)    Dr. Shomair shall consent to the disclosure to the Assessor(s) of the reports of the 
            Clinical Supervisor arising from the supervision, and shall consent to the sharing 
            of all information between the Clinical Supervisor, the Assessor(s) and the 
            College, as any of the parties deem necessary or desirable in order to fulfill their 
            respective obligations; 
f)    Dr. Shomair shall, at his own expense, participate in and successfully complete an 
      educational program in medical record-keeping approved by the College, no later 
      than one (1) year from the date of this Order. 
g)    Dr. Shomair shall, at his own expense, participate in and successfully complete at 
      minimum two courses in pharmacology, approved by the College, no later than 
      one (1) year from the date of this Order.  The content of these courses shall 
      include the topic of child and adolescent psychopharmacology. 
h)    Dr. Shomair shall be responsible for any and all costs associated with 
      implementing the terms of this Order.  
              
Dr. Shomair attend before the panel to be reprimanded. 
Dr. Shomair pay to the College costs in the amount of $3,650 within thirty (30) days of 
the date of this Order. 
              

Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): December 18, 2012

Concerns

Source: Member
Active Date: April 27, 2017
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Garry Yehudah to the College of Physicians and Surgeons of Ontario, effective April 27, 2017:

The College received information about Dr. Shomair’s standard of practice. As a result, Dr. Shomair’s practice will be reassessed by an assessor selected by the College and will abide by the recommendations of the assessor that the Inquiries, Complaints and Reports Committee has determined are reasonable.